成套设备出口合同范本附

Contract for Exporting Mining Equipment

Contract No. ____

th,Oct. in Sulaiminiyh by and between Mass Iraq This Contract is made and entered into on the

15Cement Co,Ltd ( as the Buyer) and China Jiangsu Grand Economic Devolpment Co.,Ltd. a company incorporated under the laws of China(hereinafter referred to as the seller).

Whereas, the Buyer desires to engage the Seller to provide the Mining Equipment, all related design, technical document, technical service and technical training and to obtain from the Seller a license of know-how and other technical information in relation with the Equipment's design, erection, commissioning, operation and maintenance. Now it is hereby mutually agreed as follows:

Article 1 Definitions

1.1 “Acceptance ”means the Buyer accepted the Equipment in accordance with Article xx.

1.2 “Commissioning”means the operation of the Equipment in accordance with Article 9.4 for the purpose of carrying out Performance Test.

1.3 “Contract”means this Contract signed by and between the Buyer and the Seller, including Appendices attached which shall form an integral part of this Contract.

1.4 “Effective Date of the Contract”means the date when the Contract enters into force upon fulfillment of all the conditions stated in Article 16.1.

1.5 “Equipment”means the equipment, machinery, instruments, spare parts and materials supplied by the Seller as listed in Appendix 3.

1.6 “Erection”means the installation of the Equipment including placing and connecting parts to their positions according to the design drawing.

1.7 “Job Site”means the site where the Equipment shall be located and/or erected, namely Mass Iraq Cement Plant.

1.8 “Last Shipment”means the shipment with which the accumulated invoice value of shipped goods has reached 100 percent of the total the Equipment price.

1.9 “Performance Test”means the tests for examining whether the Equipment is able to meet guarantee figures .

1.10 “Technical Document”means the technical indices, specifications, drawings, manual and instructions related to the design, erection, test-run, commissioning, acceptance, operation and maintenance of the Equipment to be provided by the Seller.

1.11 “Technical Service”means the technical instruction, assistance and guidance rendered by the Seller.

1.12 “Technical Training ”means the training rendered by the Seller.

1.13 “Test Run”means the initial run of a single machine or the whole system of the Equipment without materials.

1.14 “Warranty Period”means the period of the warranty given by the Seller as specified in Article 10.2, during which the Seller is responsible for the defects of the Equipment as per Article 10.

Article 2 Scope of the Contract

2.1 The Seller's Obligation

2.1.1 The Seller shall supply the Equipment and spare parts, provide the design, Technical Document, and conduct the Technical Service and Technical Training, and grant a non-exclusive and non-transferable right to use the know-how and other technical information related to the Equipment's design, Erection, Commission, operation and maintenance.

2.1.2 The Seller shall procure and supply the Equipment and spare parts which is listed in Appendix , the specification is detailed in Appendix .

2.1.3 The Seller shall provide design in respect to the Equipment and submit to the Buyer the Technical Document .

2.1.4 The Seller shall conduct the Technical Services at the Job Site.

2.1.5 The Seller shall conduct the Technical Training of the Buyer's trainees as per Appendix .

2.1.6 The Seller agrees to grant non-exclusive and non-transferable right to use the know-how,

other technical information related to the Equipment's design, Erection, Commission, operation

and maintenance free of charge, which the Seller provides and discloses to the Buyer during the implementation of the Contract period.

2.2 The Buyer's Obligation